Class Actions

Class action defence requires experience, subject-matter expertise, strategic thinking and fearless advocacy. With the plaintiff’s bar continuing to push the envelope in seeking to certify novel new claims, the risk of potential damages—and costly litigation—for employers has never been greater. You can trust us to be on your side and get results.

Hicks Morley has defended employers on the Canadian class action frontier for over 20 years, successfully resisting certification in the majority of proposed class actions. We understand the gravity of class actions, their complexity and the far-reaching implications they can have on clients’ businesses, including their reputations. When faced with a proposed class action, we call upon our considerable experience and resources to move swiftly and strategically.

As one of Canada’s leading labour and employment law firms, Hicks Morley’s class action team offers:

  • Risk management – From the moment the risk of a class action first arises, we work closely with clients to identify potential damage exposure and to develop a tactical approach to resisting class proceedings. We believe that early and proactive risk analysis and assessment are critical to every case. Whether the risk exposure is minimal or headline-worthy, we ensure our clients are never surprised in litigation.
  • Experienced litigation counsel – Our experienced litigators have represented clients in complex and high-profile cases at all levels of court and across a variety of industries.
  • Expertise in employment law and related fields – We specialize in management-side defence and draw upon vast experience in a wide range of workplace disputes. Our numerous in-house resources—including our legal library, digital bank of existing research, and knowledge management lawyers who monitor case law and legislative developments daily—allow us to efficiently research and analyze complex legal issues.
  • Business-focused client service – We focus on management-side employment law and advocacy. We communicate regularly to provide our clients with the analysis they need to make sound business decisions. We formulate and execute effective litigation strategies to achieve their business goals.
  • In-house eDiscovery – Our in-house digital evidence and eDiscovery team uses the best tools and technologies to support the right expertise, ensuring that even the most challenging class actions are handled efficiently and cost-effectively.

Our class action team has experience dealing with an extensive variety of employment and human resources actions including claims related to the following:

  • Workplace health and safety, including asbestos exposure
  • Concussion litigation
  • Mass termination
  • Constructive dismissal
  • Retention bonuses
  • Overtime, vacation, public holiday pay
  • Pension, benefits, compensation

Our firm’s expertise in class actions is not rooted solely in employment-related matters. We have defended clients in class actions in a number of substantive areas of law including securities law, directors’ liability, negligent and fraudulent misrepresentation, shareholders’ remedies and consumer protection.

The Hicks Morley Advantage

We have a proven track record in class action litigation and a long history of working with clients across a number of sectors to defend their interests in this increasingly complex area of litigation.